Pushpalingam v. State Rep. By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-06-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR PUSHPALINGAM Petitioner Vs State rep. By, The Inspector of Police MORAPPUR Police Station, Dharmapuri District. (Crime No.233 of 2024).

Respondent PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail in the event of their arrest in Crime No.233 of 2024 on the file of the respondent. For Petitioner Mr.W.Camyles Gandhi.

For Respondent(s):

Mr.R.Vinothraja, Government Advocate (Crl.Side)

ORDER

Apprehending arrest in connection with Crime No.233 of 2024 registered for the offences punishable under Sections 303(2) & 62 of BNS, the present petition has been filed seeking anticipatory bail.

2.Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

3.The case of the prosecution as putforth by the learned Government Advocate (Crl.Side) appearing for the respondent Police is that, petitioner along with other accused attempted to steal granite stones. 4.Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail in the event of arrest on his appearance with in a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Harur on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only), with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, failing which, the

petition for anticipatory bail shall stand dismissed and on further condition that: [b] the petitioner shall report before the respondent everyday at 10:30 a.m., for a period of three weeks and thereafter as and when required for interrogation;

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

17-06-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.State rep. by, The Inspector of Police MORAPPUR Police Station, Dharmapuri District. (Crime No.233 of 2024).

2.The Judicial Magistrate, Harur.

3.The Public Prosecutor, High Court of Madras, Madras.

M.NIRMAL KUMAR J.

gbi CRL OP No. 17062 of 17-06-2025